Please advise about Employer's contract term

[prasd]

Hi Friends,
My friend had joined to Indian Consulting firm run by 1 Person and has/had 3-4 employees. She had signed one year contract with this consulting firm. In the contract (Desi Consulting firm’s) it was mentioned that
1) “She will be on the Probation for 90 days and then she will be confirmed after probation period”.
2) “She can not join Client or any other Vendor of the client for the period of 12 months”
She left this consulting firm on the last day of 1 year contract. Also her project ended same day. For example, she joined consulting firm on 1st Nov 2006 and the same day her project started. Her project ended on 31st Oct 2007 so as her contract with consulting firm. So she left the consulting firm on 31st Oct 2007.
Now the client want her back, the question is as per clause 2) she can’t join client until 31st Oct 2008. Correct? But as per clause 1) she is supposed to get confirmation letter after 90 days which she never got hence all the time she was on the probation. Is this voids clause 2)?
Can she join the client?
Please advise. Or please send your number.
Also she holds EAD.
Thanks Much.
Prasd

[busy]

Do not worry about Desi consultant's rules. As there is no such legal rule, she can join the client immediately. But try to not reveal this information to her consultancy company or any of the employees who may disclose to them. They will not be coming behind your wife. As she is having EAD, the consultany company may try to scary her but actually they can't do anything legally. This happened in my friend's case. She joined the client straight away.They could not even tract it out.
Good luck.

[prasd]

Thanks much for the advise. Her employer might have some contacts(friends etc) to client. So he may find out if she joins client. Also he and his 2 other employees were working for the same client. Though they were fired by the client so they dont hold good repo atleast with client.
Thanks again.

[busy]

Is the consultant company the direct vendor for the client? If so, she may want to request HR of the client not to disclose this matter to that desi company. Even if they happen to come to know about this do not worry. there is one form in INS site where we can complaint to DOL if the consultant company tries to file lawsuit against employees for charging some amount if the employees try to leave before the contract period ends. Please search in it. Hope it will help.

[clear485]

Originally Posted by prasd

Please advise. Or please send your number.

I have done research about this and found few things that employee can escape from contract. Few of them are:

1. If employer didn't pay salary even for one day (like bench period), contract voids itself...
2. If employer pays salary even few days late (or) if employee doesn't get salary on same day as other employees then the contract voids....
3. Basically these contracts depends on state where company resides and employer might have mentioned the jurisdiction etc in contract....
Some states threw these papers irrespective of contract terms....they are CA, PA etc....but few states strictly follow the contract...like TX etc....even they strictly follows the terms but there are lot of (believe me) loop holes in contract....Judge mostly favours the employees if they have benefit of doubt....
4. Most probably employer should prove that there is a loss because of employee breaks the contract....like if employee jumps to other company with trade secrets and client information (if it is not available publicly), then judge allows judicial process....otherwise they don't care at all....
5. See...if employer treats employee distinctly this employee....like not at all provide insurance or other benefits, but provided to others in company....

They will (mainly desi employers) scare to employee by sending legal notice from attorney..... one thing is, you don't need to response at all until unless the legal notice is from court or some judicial person....

Don't worry....Let your friend be dare and confident.....

[prasd]

Thank you so much Busy and CLEAR485. I am really thankful for your advice. I will continue to post the result so that others may get benefited in similar situation. Your responses showed much hope. As CLEAR485 mentioned few points which voids contract here are the few.
1) She was on probation never got letter of confirmation
2) He mentioned in the contract that once you leave the company (His consulting firm) with in one month your dues will be settled. He took 2-3 months.
3) At the time of contract he mentioned that if you don’t take Health Insurance from the company, he will pay 400$ extra each month. He did pay for 3 months and then he stopped. As this was verbal so she never asked again to pay.
4) Also He is not direct vendor of the client there is one main Vendor of client. Also now he can not supply any person from his consulting firm to client as client fired the owner and few of his employees.
Thank you,

[BMWX5]

Originally Posted by prasd

Hi Friends,
My friend had joined to Indian Consulting firm run by 1 Person and has/had 3-4 employees. She had signed one year contract with this consulting firm. In the contract (Desi Consulting firm’s) it was mentioned that
1) “She will be on the Probation for 90 days and then she will be confirmed after probation period”.
2) “She can not join Client or any other Vendor of the client for the period of 12 months”
She left this consulting firm on the last day of 1 year contract. Also her project ended same day. For example, she joined consulting firm on 1st Nov 2006 and the same day her project started. Her project ended on 31st Oct 2007 so as her contract with consulting firm. So she left the consulting firm on 31st Oct 2007.
Now the client want her back, the question is as per clause 2) she can’t join client until 31st Oct 2008. Correct? But as per clause 1) she is supposed to get confirmation letter after 90 days which she never got hence all the time she was on the probation. Is this voids clause 2)?
Can she join the client?
Please advise. Or please send your number.
Also she holds EAD.
Thanks Much.
Prasd

Do not worry too much.
I did the same in the past, desi employer cried a lot and asked huge amount towards the damage. I asked him to send me an email about the loss. Obviously he did not send. So, I took this as a chance, I sent an email to him "As per our discussion, blah blah...", and CCd to my lawyer.

Not only he stopped calling me and also became a good friend.
That is the trick but during this time your friend should be brave and strong.

Nothing will happen. If you need more info PM me.

[nj87]

Originally Posted by BMWX5

Nothing will happen. If you need more info PM me.

Hi BMWX5,
Can you share your contact details with me? I am in urgent need of some info. on this topic as I got laid off unexpectedly while on H1B (stamp valid till 2015).

Look forward to hearing from you.

Thanks,
NJ